NATIONAL FRESH FRUIT & VEGETABLE CO. v. N.L.R.B.

No. 77-1274.

565 F.2d 1331 (1978)

NATIONAL FRESH FRUIT & VEGETABLE COMPANY and Quality Banana Co., Inc., Petitioners-Cross Respondents, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross Petitioner.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 27, 1978.


Attorney(s) appearing for the Case

William F. Banta, New Orleans, La., for petitioners-cross respondents.

Elliott Moore, Deputy Associate Gen. Counsel, John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Assoc. Gen. Counsel, William R. Stewart, Alan Banov, Attys., N. L. R. B., Washington, D. C., for N. L. R. B.

Before WISDOM, GEWIN and AINSWORTH, Circuit Judges.


GEWIN, Circuit Judge:

National Fresh Fruit & Vegetable Co. and Quality Banana Co., Inc. (the Company), petitions this court to review and set aside an order of the National Labor Relations Board.1 The Board found that the Company violated section 8(a)(5) and (1) of the National Labor Relations Act, 29 U.S.C. § 158(a)(5) & (1), by insisting to impasse on a non-mandatory subject of bargaining and section 8(a)(3) & (1) of...

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